1| SECTION 1. NEW LAW A new section of law to be codified |
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2|in the Oklahoma Statutes as Section 1-738.1A of Title 63, unless |
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3|there is created a duplication in numbering, reads as follows: |
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4| As used in this section and Sections 1-738.2 through 1-738.5 of |
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5|Title 63 of the Oklahoma Statutes: |
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6| 1. "Abortion" means the term as defined in Section 1-730 of |
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7|Title 63 of the Oklahoma Statutes; |
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8| 2. "Attempt to perform an abortion" means an act, or an |
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9|omission of a statutorily required act, that, under the |
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10|circumstances as the actor believes them to be, constitutes a |
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11|substantial step in a course of conduct planned to culminate in the |
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12|performance of an abortion in this state in violation of this act; |
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13| 3. "Board" means the State Board of Medical Licensure and |
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14|Supervision; |
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15| 4. "Certified technician" means a Registered Diagnostic Medical |
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16|Sonographer who is certified in obstetrics and gynecology by the |
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17|American Registry for Diagnostic Medical Sonography (ARDMS), or a |
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18|nurse midwife or Advance Practice Nurse Practitioner in obstetrics |
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19|with certification in obstetrical ultrasonography; |
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20| 5. "Medical emergency" means the existence of any physical |
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21|condition, not including any emotional, psychological, or mental |
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22|condition, which a reasonably prudent physician, with knowledge of |
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23|the case and treatment possibilities with respect to the medical |
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24|conditions involved, would determine necessitates the immediate |
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1|abortion of the pregnancy of the female to avert her death or to |
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2|avert substantial and irreversible impairment of a major bodily |
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3|function arising from continued pregnancy; |
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4| 6. "Physician" means a person licensed to practice medicine in |
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5|this state pursuant to Sections 495 and 633 of Title 59 of the |
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6|Oklahoma Statutes; |
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7| 7. "Probable gestational age of the unborn child" means what, |
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8|in the judgment of the physician, will with reasonable probability |
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9|be the gestational age of the unborn child at the time the abortion |
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10|is planned to be performed; |
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11| 8. "Stable Internet website" means a website that, to the |
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12|extent reasonably practicable, is safeguarded from having its |
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13|content altered other than by the State Board of Medical Licensure |
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14|and Supervision; |
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15| 9. "Unborn child" means the term as is defined in Section 1-730 |
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16|of Title 63 of the Oklahoma Statutes; and |
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17| 10. "Woman" means a female human being whether or not she has |
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18|reached the age of majority. |
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19| SECTION 2. NEW LAW A new section of law to be codified |
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20|in the Oklahoma Statutes as Section 1-738.3d of Title 63, unless |
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21|there is created a duplication in numbering, reads as follows: |
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22| A. Any abortion provider who knowingly performs any abortion |
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23|shall comply with the requirements of this section. |
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24| |
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1| B. In order for the woman to make an informed decision, at |
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2|least one (1) hour prior to a woman having any part of an abortion |
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3|performed or induced, and prior to the administration of any |
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4|anesthesia or medication in preparation for the abortion on the |
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5|woman, the physician who is to perform or induce the abortion, or |
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6|the certified technician working in conjunction with the physician, |
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7|shall: |
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8| 1. Perform an obstetric ultrasound on the pregnant woman, using |
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9|either a vaginal transducer or an abdominal transducer, whichever |
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10|would display the embryo or fetus more clearly; |
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11| 2. Provide a simultaneous explanation of what the ultrasound is |
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12|depicting; |
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13| 3. Display the ultrasound images so that the pregnant woman may |
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14|view them; |
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15| 4. Provide a medical description of the ultrasound images, |
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16|which shall include the dimensions of the embryo or fetus, the |
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17|presence of cardiac activity, if present and viewable, and the |
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18|presence of external members and internal organs, if present and |
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19|viewable; and |
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20| 5. Obtain a written certification from the woman, prior to the |
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21|abortion, that the requirements of this subsection have been |
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22|complied with; and |
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23| 6. Retain a copy of the written certification prescribed by |
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24|paragraph 5 of this subsection. The certification shall be placed |
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1|in the medical file of the woman and shall be kept by the abortion |
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2|provider for a period of not less than seven (7) years. If the |
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3|woman is a minor, then the certification shall be placed in the |
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4|medical file of the minor and kept for at least seven (7) years or |
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5|for five (5) years after the minor reaches the age of majority, |
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6|whichever is greater. |
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7| C. Nothing in this section shall be construed to prevent a |
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8|pregnant woman from averting her eyes from the ultrasound images |
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9|required to be provided to and reviewed with her. Neither the |
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10|physician nor the pregnant woman shall be subject to any penalty if |
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11|she refuses to look at the presented ultrasound images. |
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12| D. Upon a determination by an abortion provider that a medical |
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13|emergency, as defined in Section 1 of this act, exists with respect |
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14|to a pregnant woman, subsection B of this section shall not apply |
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15|and the provider shall certify in writing the specific medical |
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16|conditions that constitute the emergency. The certification shall |
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17|be placed in the medical file of the woman and shall be kept by the |
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18|abortion provider for a period of not less than seven (7) years. If |
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19|the woman is a minor, then the certification shall be placed in the |
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20|medical file of the minor and kept for at least seven (7) years or |
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21|for five (5) years after the minor reaches the age of majority, |
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22|whichever is greater. |
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23| |
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24| |
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1| E. An abortion provider who willfully falsifies a certification |
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2|under subsection D of this section shall be subject to all penalties |
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3|provided for under Section 3 of this act. |
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4| SECTION 3. NEW LAW A new section of law to be codified |
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5|in the Oklahoma Statutes as Section 1-738.3e of Title 63, unless |
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6|there is created a duplication in numbering, reads as follows: |
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7| A. An abortion provider who knowingly violates a provision of |
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8|Section 2 of this act shall be liable for damages as provided in |
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9|this section and may be enjoined from such acts in accordance with |
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10|this section in an appropriate court. |
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11| B. A cause of action for injunctive relief against any person |
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12|who has knowingly violated a provision of Section 2 of this act may |
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13|be maintained by the woman upon whom an abortion was performed or |
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14|attempted to be performed in violation of this act; any person who |
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15|is the spouse, parent, sibling or guardian of, or a current or |
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16|former licensed health care provider of, the female upon whom an |
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17|abortion has been performed or attempted to be performed in |
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18|violation of this act; by a district attorney with appropriate |
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19|jurisdiction; or by the Attorney General. The injunction shall |
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20|prevent the abortion provider from performing further abortions in |
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21|violation of this act in the State of Oklahoma. |
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22| C. Any person who knowingly violates the terms of an injunction |
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23|issued in accordance with this section shall be subject to civil |
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24|contempt, and shall be fined Ten Thousand Dollars ($10,000.00) for |
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1|the first violation, Fifty Thousand Dollars ($50,000.00) for the |
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2|second violation, One Hundred Thousand Dollars ($100,000.00) for the |
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3|third violation, and for each succeeding violation an amount in |
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4|excess of One Hundred Thousand Dollars ($100,000.00) that is |
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5|sufficient to deter future violations. The fines shall be the |
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6|exclusive penalties for such contempt. Each performance or |
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7|attempted performance of an abortion in violation of the terms of an |
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8|injunction is a separate violation. These fines shall be |
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9|cumulative. No fine shall be assessed against the woman on whom an |
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10|abortion is performed or attempted. |
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11| D. A pregnant woman upon whom an abortion has been performed in |
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12|violation of Section 2 of this act, or the parent or legal guardian |
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13|of the woman if she is an unemancipated minor, as defined in Section |
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14|1-740.1 of Title 63 of the Oklahoma Statutes, may commence a civil |
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15|action against the abortion provider for any knowing or reckless |
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16|violation of this act for actual and punitive damages. |
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17| E. An abortion provider who performed an abortion in violation |
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18|of Section 2 of this act shall be considered to have engaged in |
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19|unprofessional conduct for which the provider's certificate or |
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20|license to provide health care services in this state may be |
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21|suspended or revoked by the State Board of Medical Licensure and |
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22|Supervision or the State Board of Osteopathic Examiners. |
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23| SECTION 4. REPEALER Section 6, Chapter 200, O.S.L. 2005, |
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24|as last amended by Section 11, Chapter 36, O.S.L. 2008, Section 12, |
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